Wednesday, January 28, 2009

People v. Chua ( April 4, 2001)



FACTS:
Chua was found guilty beyond reasonable doubt of illegal recruitment committed in large scale for recruiting and promising work in Taiwan to 9 people, without a license. According to Chua, she received a call from Taiwan informing her that some people were needed so she called several people and collected money but the placement in Taiwan never materialized. The POEA issued a certification that Chua was not licensed to recruit persons/ workers for overseas employment. Chua argues that she had an approved application for a service contractor’s authority. But the records show that she failed to comply with post –licensing requirements.



ISSUE: Whether or not Chua was licensed to recruit workers for overseas work.


HELD: The SC held that Chua wasn’t licensed to perform recruiting activities. The records show that the license was not issued due to her failure to comply with post-licensing requirements. It is the issuance of the license which makes the holder thereof authorized to perform recruitment activates. The law specifically provides that “every license shall be valid for at least 2 years from the date of issuance unless sooner canceled or revoked by the Secretary. Chua admitted herself that she wasn’t licensed when she replied to the Taiwan Company.

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